UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LANCE SCHENKER, A/K/A LANCE SHENKER, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
LANCE SCHENKER, A/K/A LANCE SHENKER, DEFENDANT-APPELLANT
486 F.2d 318
Court of Appeals for the Fifth Circuit (1973)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM:
Lance Schenker appeals solely on the ground that he was improperly sentenced under the Youth Corrections Act, 18 U.S.C., § 5010 et seq. He complains that he was sentenced as an adult in the absence of an express finding by the trial court that he would not derive benefit from treatment, 18 U.S.C., § 5010(d). The government argues that such a finding is implicit in the sentence.
This is a dispute which can quickly be resolved by the District Court.
We vacate the sentence and remand to the District Court, where the appellant may be resentenced on his plea of guilty, according to law, and with appropriate findings under 18 U.S.C., § 5010(d).
Vacated and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dorszynski v. United States, 418 U.S. 424 (U.S. 1974)
-
United States v. Hartford, 489 F.2d 652 (5th Cir. 1974)
-
United States v. Fonseca, 490 F.2d 464 (5th Cir. 1974)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)